How Do I File For Unemployment Insurance Benefits?

Tue, 29 May 2007 21:19:00 GMT

You can file a new claim for unemployment insurance benefits, reopen an existing claim, and claim weekly benefits by calling the telephone filing system, "Hawaii TeleClaim." If you are in the State of Hawaii, call 6435555 or 18772155793 toll free if you are outside of Hawaii. You can call Hawaii TeleClaim, Sunday through Thursday from 6:30 am to 12:00 am, and Friday from 6:30 am to 4:30 pm, Hawaii Standard Time.

When you call Hawaii TeleClaim, you need to have your social security number, and if you are not a U.S. citizen, you need your alien registration number available. You will need to provide information for all your employers during the past 18 months, such as the employer's name, address, zipcode, phone number, dates of employment, and reason for separation. If you were in the military in the past 18 months, you should have your DD214 (Member 4) available. If you worked for the federal government in the past 18 months, you should have your Standard Form 8 available. (If you do not have your Standard Form 8, you should have your Standard 50 or pay stubs available.)

Your claim begins from the Sunday of the week in which it is filed. If you delay and do not file immediately, you will not receive credit for past weeks. Your claim will start only from the week in which you file.

You must file a continued claim for each week that you wish to receive benefits and the continued claim must be filed on time (within 7 days after the period being claimed, or within 14 days with good cause for late filing). For additional information on Hawaii Teleclaim, CLICK HERE

If you cannot file your claim by telephone, you can report inperson to your nearest local office to file a claim in person.

Are There Restrictions On The Hours That A Minor May Work?

Tue, 29 May 2007 21:19:00 GMT

Minors 14 and 15 years of age may work:

Between 7:00 a.m. and 7:00 p.m. (except each year from June 1 through the day before Labor Day a minor may work between 6:00 a.m. and 9:00 p.m.)
No more than 6 consecutive days
No more than 40 hours a week
No more than 8 hours a day (do not count rest and meal periods)
No more than 5 hours continuously without at least a 30 minute rest or meal period
No more than 10 hours a day of combined work and school hours when the minor is required to attend school

For 16 and 17 year olds, there are no restrictions except when the minor is required to be in school.

There are some special requirements for theatrical employment. CLICK HERE for additional information.

Are Unemployment Benefits Taxable?

Tue, 29 May 2007 21:19:00 GMT

Any unemployment insurance benefits you receive are taxable income. You will be issued Form 1099G at the end of January showing the amount of benefits paid to you. The 1099G is not reduced by any repayments you may have made for overpaid benefits. Therefore, if you repaid any benefits, you must maintain your record of payments, such as receipts, cancelled checks, and billing statement to make adjustments to your taxable income and as documentation for the federal Internal Revenue Service and the State Tax office when you file your tax returns. Contact a claims office if you did not keep receipts and need assistance in furnishing documentation for tax purposes.

How Can An Employer Report?

Tue, 29 May 2007 21:19:00 GMT

When you report, the following information must be included:

Employee's name
Employee's address
Employee's Social Security Number
Employer's name
Employer's address
Employer's Federal Identification Number
Date of Hire

You may report by providing the employee's W4 form. After an employee completes this IRS form, fill in your employer I information in the space provided. Fax or mail a copy of the form to Child Support Enforcement Agency, New Hire Reporting: Child Support Enforcement Agency New Hire Reporting Kakuhihewa Building 601 Kamokila Blvd., Suite #251 Kapolei, Hawaii 96707 FAX: (808) 6937001 TELEPHONE: (808) 6927029 Employers have the option of reporting via diskette or electronically. Call the phone number provided above for information on these methods.

How Do I Qualify For Unemployment Insurance Benefits?

Tue, 29 May 2007 21:19:00 GMT

To qualify monetarily for unemployment insurance, you must be paid sufficient wages in your base period. The base period is the first 4 of the last 5 completed calendar quarters immediately preceding the effective (starting) date of your claim. To have sufficient wages, you must have earned 26 times your weekly benefit amount. (Your weekly benefit amount is 1/21 of your high quarter wages in your base period.) You must also have wages paid in at least 2 quarters of the base period.

In addition to having been paid sufficient wages to establish a valid claim, you must meet eligibility requirements before you can be paid unemployment insurance benefits. The main requirements are:

You must be either totally unemployed, or working less than your normal hours and earning less than your weekly benefit amount.
You must be registered for work with the State Employment Service, or if a member of a labor union with a hiring hall, in good standing and referable to work.
You must be physically able to work and available for work without any major restrictions such as, but not limited to, no transportation, lack of childcare, attendance at school which affects your availability for work, or other personal circumstances.

How Do I Register As An Employer With The Unemployment Insurance Division?

Tue, 29 May 2007 21:19:00 GMT

An employer must file Form UC1, Report to Determine Liability Under the Hawaii Employment Security Law with the Unemployment Insurance Division within twenty days after initially hiring an employee. Determination of liability will be made and a subject employer will be assigned an identification number. The DOL number will be assigned only after definite employment has been confirmed with the mandatory filing of Form UCBP5(A), "Report of New Hire(s)".

Employers must report each new hire within five working days from the date the employee began work. If you presently have employees, complete this form and submit the original together with the Form UC1. Additional report forms will be mailed to you after the DOL number has been assigned. Your quarterly tax reporting forms will also be mailed to you after confirming your liability.

How Much Money Can I Receive In Unemployment Benefits?

Mon, 04 Jun 2007 21:51:22 GMT

If you meet the minimum qualifying wages, then your weekly benefit amount will equal 1/21 of your high quarter wages. However, your weekly benefit amount cannot be more than the Maximum Benefit Weekly Benefit Amount, which is determined each year. For example, the maximum benefit weekly amount for 2002 is $395 a week. Your claim is good for one year; however, you can be paid for only 26 weeks of total unemployment.

If you have any earnings while you are receiving benefits, you may still qualify for the difference between your earnings over $50 and your Weekly Benefit Amount. You can earn up to $50 and still receive your full employment check. You need to have your employer complete a "Weekly Report of Low Earnings" to verify your earnings for the week. These forms are available at the unemployment insurance office.

Please Explain The New Hire Program.

Mon, 04 Jun 2007 21:51:22 GMT

All businesses, state and local government employers, nonprofit organizations, regardless of the number of employees, must report New Hires to the Child Support Enforcement Agency of the State Attorney General's Office. Employers must report the new employee information to the agency as soon as possible and no later than 20 days from the employee's first day of work. Every newly hired or rehired employee that fills out a W4 form whether fulltime, parttime or student work must be reported.

What Action Can I Take If I Feel I Have Been Discriminated Against?

Mon, 04 Jun 2007 21:51:22 GMT

The Hawaii Civil Rights Commission was established to provide a mechanism for the uniform enforcement of Hawaii's antidiscrimination statutes including part I of HRS 378, the Hawai'i Employment Practices Act. HEPA covers all employers in the State except the federal government. Part I makes unlawful actions taken or not taken because of or in relation to: race, sex, age, religion, color, ancestry, disability, marital status, sexual orientation or arrest and court record, assignment of income for child support obligations, and National Guard participation. It is unlawful discrimination under the Part I for an employer to refuse to hire, employ, bar or discharge, or otherwise to discriminate against any individual in compensation or in the terms, conditions, or privileges of employment. Likewise, employment agencies may not classify or refuse to refer or otherwise discriminate or advertise in a way that expresses, directly or indirectly, any limitation, specification, or unlawful discrimination. Nor may a labor union exclude or expel from its membership or refuse to enter into an apprenticeship agreement with anyone (16 years or older) in a discriminatory manner. If you have been discriminated against in the above manner, the time limit to file a charge with the Civil Rights Commission is 180 days. This time period starts from the commission of an alleged discriminatory act. Employees who are victims of sexual harassment or sexual assault are exempt from the 180day statute of limitations for filing with HCRC, providing two years to bring civil action against their employers. The claim filing procedure is as follows: You fill out the applicable info@hicrc.org, or On O'ahu call 5868640 From Neighbor Islands, call 18004684644 (ext 68640)

What Can I Do If I Am Denied Benefits?

Tue, 29 May 2007 21:19:00 GMT

If you have been denied benefits, you can either request reconsideration or file an appeal. Your request must be in writing, either on a department form or by letter, and filed within 10 calendar days after the date the notice was mailed to you.

If you request reconsideration, the Unemployment Insurance Division will decide whether the decision can be reversed; if it cannot, then it may be forwarded as an appeal to the Employment Security Appeals Office or issue you a redetermination affirming the original determination. You have the right to appeal a redetermination affirming the original determination.

If you request an appeal, then you have up to 30 days to file your appeal, if you have good cause for not filing your appeal within 10 days. The Employment Security Appeals Office will schedule a hearing and notify you and other interested parties of the date and time of the hearing.

If the appeals officer affirms the UI Division's decision denying you unemployment insurance benefits, you may file for judicial review by the Hawaii Circuit Court.

What Is The Law Regarding Overtime?

Tue, 29 May 2007 21:19:00 GMT

Employers must pay 1 and ½ times regular pay for hours in excess of 40 hours per week. Employers in certain industries may select 20 workweeks per year during which they shall be exempt from the overtime compensation requirement, although they must pay 1 and 1/2 times the regular rate for hours in excess of 48 per week. These industries are agriculture; first processing of dairy products; processing of sugar cane molasses or sugar cane; first processing or canning or packing and agricultural or horticultural commodity; handling, slaughtering, or dressing poultry or livestock; agriculture and processing of agricultural products seasonally; or first processing or canning or packing of seasonal fresh fruits.

What Is The Law Regarding Required Paydays?

Tue, 29 May 2007 21:19:00 GMT

Employers are required to pay wages regularly at least twice each calendar month and within 7 days after the end of each pay period. . Discharged employees must be paid in full on the day of discharge or no later than the next workday. Employees who quit or resign must be paid no later than the next regular payday. Employees must be notified in writing or through a posted notice of any changes in pay arrangements prior to the change, and employees must be furnished with a pay statement at payday showing gross wages, itemized deductions, net pay, and pay period.

Complaints for unpaid wages may be filed with the Department of Labor within one year from the time the wages became due.

What Is The Tax Rate For A New Employer?

Tue, 29 May 2007 21:19:00 GMT

The contribution rate for new or newly covered employers will be 2.4% for the year 2002. Thereafter, employers are advised of their individual contribution rate in March of each year. Contribution rates are based upon the ratio of the employer's reserve balance to your average annual payroll. The "tax base" is a limitation to the amounts of wages that are subject to tax. The tax base is equal to the State's average annual wages for employers contributing to the Unemployment Insurance Trust Fund and is computed at the beginning of each calendar year. The ‘tax base' for 2002 is $29,300.

From January 1, 1999 through December 31, 2003, employers will also be subject to a State Employment and Training (E&T) fund assessment on taxable wages paid to an employee. The percentage rate for this additional tax is .01% for 2002. This assessment does not apply to selffinanced and contributory rated employers with a rate of 0.0% or 5.4%.

For more information regarding contribution rates and schedules refer to the Unemployment Employers Manual.

What is the minimum wage in Hawaii?

Tue, 29 May 2007 21:19:00 GMT

The minimum wage in Hawaii is currently $7.25 per hour.

Workers who are exempt from the minimum wage law are those at a guaranteed monthly salary of $2000 per month; State and County workers (who are covered instead by HRS 78 and HRS 89); workers in coffee harvesting operations; agricultural workers if employer has fewer than 20 employees; domestic workers; houseparents in charitable organizations; employer's relatives (brother, sister, brotherinlaw, sisterinlaw, son, daughter, spouse, parent, parentinlaw); those employed in bona fide executive, administrative, supervisory, or professional capacity; outside salespersons or collectors; those in fish or aquatic farming industry prior to first processing; seafarers; oncall, fixed stand vehicle drivers; golf caddies; student employees of nonprofit school; seasonal employees of certain nonprofit youth camps; and automobile or truck salespersons for licensed dealer.

When Do I File The Tax Reporting Forms?

Tue, 29 May 2007 21:19:00 GMT

The Quarterly Wage, Contribution and Employment and Training Assessment Report (UCB6) must be filed on or before the last day of the month following the close of the calendar quarter and must be filed each quarter even though wages were not paid during the quarter:

First quarter ends March 31: due April 1 30

Second quarter ends June 30: due July 1 31

Third quarter ends September 30: due October 1 31

Fourth quarter ends December 31: due January 1 31

If an employer has not submitted Form UCB6 for any of the prior quarters at the time the employer is experience rated (at the beginning of each year), the employer will be assessed the maximum rate of 5.4%.

Employers interested in magnetic media reporting should contact the Employer Services Section for additional information.

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